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POSTED January 2, 2008 – UPDATED JULY, 2008:
CHEYENNE, Wyo. - Federal prosecutor wants Nevada man to pay for his own lawyer
A federal prosecutor has asked a judge to review whether the owner of a Nevada brothel who's charged with possessing and transporting child pornography meets the financial requirements to be represented by a federal public defender.
David Burgess, 55 is charged with possession and interstate transportation of child pornography. Court records state that he faces up to 30 years in prison if convicted of both counts.
The Wyoming Highway Patrol arrested Burgess in July. According to a statement from the patrol, a trooper stopped a Freightliner motor home known as the "War Wagon" in which Burgess was a passenger. The patrol reported that the trooper made the stop just east of Evanston because the motor home was pulling a trailer with an expired registration tag.
According to the patrol statement, both the driver and Burgess were members of the Hells Angels motorcycle gang. Both men told police they were traveling to the 2007 Hells Angels USA Run in Eureka Springs, Ark. Court records said officers found 14.9 grams of cocaine in the motor home.
Jim Anderson, assistant U.S. attorney, said in court last month that in addition to drugs, a search of a laptop computer found in the motor home determined it was "chock full" of child pornography.
A federal grand jury indicted Burgess last month on the child pornography charges and he was arrested in Nevada. A magistrate in Nevada appointed the federal public defender's office to represent him.
Burgess pleaded not guilty to both counts last month at a hearing before U.S. Magistrate William C. Beaman in Cheyenne.
Prosecutor Anderson had urged Beaman to jail Burgess pending his scheduled Feb. 4 trial. He said Burgess is a leader of the Nevada chapter of the Hells Angels motorcycle gang, has no ties to Wyoming and is operating a brothel.
"It's a legal occupation, but I would characterize it as an unsavory occupation," Anderson said of Burgess' ownership of the Old Bridge Ranch, east of Reno, Nev.
Beaman allowed Burgess to remain free pending trial.
At last month's court hearing, Anderson also questioned how Burgess qualified for representation from the federal public defender's office.
"It looks to me like the defendant's got a net worth of several million dollars," Anderson said.
Beaman said the prosecution could file a petition questioning Burgess' representation.
Anderson on Wednesday filed a motion asking U.S. Judge Alan B. Johnson to review the Nevada magistrate's determination that Burgess qualified for the services of the federal public defender's office.
Anderson wrote that Burgess told a pretrial services officer in Nevada that he owns a business, a residence and other property. Anderson said it appears that Burgess has the means to retain his own private lawyer.
Anderson also asked Johnson to decide whether it would be appropriate to require Burgess to repay the public defender's office for its work on his case so far.
James Barrett, an assistant federal public defender, represented Burgess at last month's court hearing. An attempt to reach Barrett on Friday was unsuccessful.
BEN NEARY
casperstartribune.net
POSTED January 11, 2008
CHEYENNE, Wyo. - Judge orders Nevada brothel owner to show financial information - a federal judge on Thursday ordered the owner of a Nevada brothel who's charged with possessing and transporting child pornography in Wyoming to turn over financial information in the next two weeks.
Judge Alan B. Johnson ordered David Burgess, 55, to turn over materials describing his business assets and liabilities. Burgess owns the Old Bridge Ranch, a legal brothel east of Reno, Nev.
Johnson's order came in response to a challenge from federal prosecutor Jim Anderson. Anderson has questioned whether Burgess is entitled to be represented by a federal public defender.
The Wyoming Highway Patrol arrested Burgess last July after a trooper stopped a Freightliner motor home in which Burgess was a passenger east of Evanston.
According to a statement issued by the Highway Patrol, both the driver and Burgess told police they were members of the Hells Angels motorcycle gang and were traveling to the 2007 Hells Angels USA Run in Eureka Springs, Ark.
Prosecutor Anderson has said in court that a search of a laptop computer found in the motor home determined it was “chock full” of child pornography. If convicted of the federal charges, Burgess could face up to 30 years in prison.
A federal grand jury indicted Burgess in November on the child pornography charges, and he was arrested in Nevada. A magistrate in Nevada appointed the federal public defender's office to represent him.
Court records also allege that officers found 14.9 grams of cocaine in the motor home. State drug charges were filed against Burgess in Wyoming but have been dismissed. A state prosecutor has said he dismissed the drug charges because they might have complicated the federal child pornography prosecution.
Anderson recently asked Johnson to review whether it's appropriate for Burgess to get his legal defense at taxpayer expense.
In court Thursday, Anderson said Burgess has said he's the owner of a business worth approximately $5 million, with liabilities of about $2 million.
Although Anderson said he had received information that Burgess has some tax problems, he said, ``the public defender should only be appointed for truly needy individuals”.
James Barrett, the assistant federal public defender representing Burgess, told Johnson that Burgess doesn't own the ranch property, but has 10 years remaining on a 30-year lease.
Barrett said Burgess has been in a ``running gun battle" with the Internal Revenue Service since the late 1990s. He said Burgess couldn't refinance his own house to help to pay for his defense because the IRS would confiscate the money.
Barrett said the case against Burgess is beginning to involve issues in Nevada. Hiring a private lawyer to defend Burgess would likely require an initial retainer of $50,000, which wouldn't cover the cost of going to trial, Barrett said.
cbs4denver.com
January 16, 2008 POSTING:
CHEYENNE -- The owner of a Nevada brothel who's charged with possessing and transporting child pornography in Wyoming has asked a federal judge to suppress the evidence against him.
A lawyer for David Burgess, 55, says the government's search of his laptop computer following a traffic stop last summer violated his constitutional rights.
Burgess is owner of the Old Bridge Ranch, a legal brothel east of Reno, Nev. He's also a leader of the Hells Angels motorcycle gang in Nevada.
James H. Barrett, assistant federal public defender in Cheyenne, represents Burgess. Barrett on Monday asked U.S. District Judge Alan B. Johnson to block prosecutors from using the seized computer materials in court. (NOTE: “MATERIALS - CHOCK FULL of child pornography”)
In his suppression request, Barrett states that Burgess was a passenger in a motor home that a Wyoming Highway Patrol trooper pulled over last July near Evanston. The trooper stopped the motor home because it was pulling a trailer with expired tags.
According to a police statement, both the driver and Burgess told police they were members of the Hells Angels and were traveling to the 2007 Hells Angels USA Run in Eureka Springs, Ark.
Barrett states that a Uinta County Sheriff's deputy happened by during the traffic stop and volunteered the use of his drug dog to sniff around the motor home. The dog reportedly alerted on the door to the motor home.
Although Burgess told police that they needed a warrant to search the motor home, Barrett states that both the state trooper and the deputy searched the inside of the motor home, finding marijuana and a substance the police believed to be cocaine.
State drug charges were filed against Burgess, but were later dismissed.
Troopers impounded the motor home after the traffic stop.
Barrett states that police applied for a search warrant to allow them to search the motor home and trailer for "evidence of controlled substances or dealing in controlled substances," including computer records. They also applied to search for personal property that would "tend to show a conspiracy to sell drugs."
Jim Anderson, assistant U.S. Attorney in Cheyenne, said at a court hearing last month that a search of a laptop computer found in the motor home showed it to be "chock full" of child pornography, leading to the pending criminal charges against Burgess.
Anderson hasn't yet filed a response to Barrett's suppression motion.
Barrett points out in his argument to Judge Johnson that the Fourth Amendment to the U.S. Constitution requires that warrants must "particularly describe the place to be searched and the persons and things to be seized."
Barrett argues that the warrant in Burgess' case was written so broadly that it allowed the officers conducting the case to determine on their own what they could seize. "All computer records and personal property fall within the ambit of the warrant," he wrote.
FOLLOW UP REMINDER POSTING February 8, 2008:
A federal grand jury indicted Burgess last month on the child pornography charges and he was arrested in Nevada. A magistrate in Nevada appointed the federal public defender’s office to represent him.
Burgess pleaded not guilty to both counts last month at a hearing before U.S. Magistrate William C. Beaman in Cheyenne.
Prosecutor Anderson had urged Beaman to jail Burgess pending his scheduled Feb. 4 trial. He said Burgess is a leader of the Nevada chapter of the Hells Angels motorcycle gang, has no ties to Wyoming and is operating a brothel. (PRESIDENT OF THE HELLS ANGELS INC)
“It’s a legal occupation, but I would characterize it as an unsavory occupation,” Anderson said of Burgess’ ownership of the Old Bridge Ranch, east of Reno.
Beaman allowed Burgess to remain free pending trial.
At last month’s court hearing, Anderson also questioned how Burgess qualified for representation from the federal public defender’s office.
“It looks to me like the defendant’s got a net worth of several million dollars,” Anderson said.
Beaman said the prosecution could file a petition questioning Burgess’ representation.
Anderson on Wednesday filed a motion asking U.S. Judge Alan B. Johnson to review the Nevada magistrate’s determination that Burgess qualified for the services of the federal public defender’s office.
Anderson wrote that Burgess told a pretrial services officer in Nevada that he owns a business, a residence and other property. Anderson said it appears that Burgess has the means to retain his own private lawyer.
Anderson also asked Johnson to decide whether it would be appropriate to require Burgess to repay the public defender’s office for its work on his case so far.
James Barrett, an assistant federal public defender, represented Burgess at last month’s court hearing. An attempt to reach Barrett on Friday was unsuccessful.
A federal prosecutor in Cheyenne, Wyo. has asked a judge to review whether the owner of a Nevada brothel who’s charged with possessing and transporting child pornography meets the financial requirements to be represented by a federal public defender.
David Burgess, 55, is charged with possession and interstate transportation of child pornography. Court records state that he faces up to 30 years in prison if convicted of both counts.
The Wyoming Highway Patrol arrested Burgess in July. According to a statement from the patrol, a trooper stopped a Freightliner motor home known as the “War Wagon” in which Burgess was a passenger. The patrol reported that the trooper made the stop just east of Evanston because the motor home was pulling a trailer with an expired registration tag.
According to the patrol statement, both the driver and Burgess were members of the Hells Angels motorcycle gang. Both men told police they were traveling to the 2007 Hells Angels USA Run in Eureka Springs, Ark. Court records said officers found 14.9 grams of cocaine in the motor home.
Jim Anderson, assistant U.S. attorney, said in court last month that in addition to drugs, a search of a laptop computer found in the motor home determined it was “chock full” of child pornography.
A federal grand jury indicted Burgess last month on the child pornography charges and he was arrested in Nevada. A magistrate in Nevada appointed the federal public defender’s office to represent him.
Burgess pleaded not guilty to both counts last month at a hearing before U.S. Magistrate William C. Beaman in Cheyenne.
Prosecutor Anderson had urged Beaman to jail Burgess pending his scheduled FEB 4 TRIAL. He said Burgess is a leader of the Nevada chapter of the Hells Angels motorcycle gang, has no ties to Wyoming and is operating a brothel.
“It’s a legal occupation, but I would characterize it as an unsavory occupation,” Anderson said of Burgess’ ownership of the Old Bridge Ranch, east of Reno.
Beaman allowed Burgess to remain free pending trial.
At last month’s court hearing, Anderson also questioned how Burgess qualified for representation from the federal public defender’s office.
“It looks to me like the defendant’s got a NET WORTH of SEVERAL MILLION dollars,” Anderson said.
Beaman said the prosecution could file a petition questioning Burgess’ representation.
Anderson on Wednesday filed a motion asking U.S. Judge Alan B. Johnson to review the Nevada magistrate’s determination that Burgess qualified for the services of the federal public defender’s office.
Anderson wrote that Burgess told a pretrial services officer in Nevada that he owns a business, a residence and other property. Anderson said it appears that Burgess has the means to retain his own private lawyer.
Anderson also asked Johnson to decide whether it would be appropriate to require Burgess to repay the public defender’s office for its work on his case so far.
James Barrett, an assistant federal public defender, represented Burgess at last month’s court hearing. An attempt to reach Barrett on Friday was unsuccessful.
March 4, 2008 POSTING:
Wyoming - A lawyer for a Nevada brothel owner facing federal child pornography charges argued Monday that Wyoming police violated his constitutional rights when they seized a laptop computer and two hard drives during a traffic stop last summer.
David Burgess, 55, has asked a federal judge to suppress evidence taken from the computer equipment. His lawyer said the equipment was beyond the scope of a search warrant obtained by Wyoming police, who were investigating the Hells Angels motorcycle gang leader for drug trafficking.
Burgess -- the owner of the Old Bridge Ranch, a legal brothel east of Reno, Nev. -- was arrested on drug charges by the Wyoming Highway Patrol last July during a traffic stop in western Wyoming. His motor home had been pulled over because the vehicle's trailer had an expired license plate, police said.
On Monday, lawyers argued over whether the police officers' search for evidence of drugs justified their seizure of a laptop computer and two hard drives from the motor home.
A state investigator mining the computer equipment for evidence of drug trafficking allegedly found images of child pornography, leading to charges of possessing and transporting child pornography against Burgess.
Burgess has pleaded not guilty. State drug charges were filed against him were later dismissed. He declined to comment after Monday's hearing.
Jim Barrett, assistant federal public defender, said the search warrant for the motor home was overly broad. It listed "computer records," but did not specify a computer or hard drives. He said there's no excuse for "throwing a warrant at somebody with the word 'records.’
"When you're looking at a computer or hard drive, you're not looking at anything but a machine," Barrett said. "If you're looking for records contained on that item, you get a warrant to search that item."
Special Agent Russ Schmitt, with the Wyoming Division of Criminal Investigation, testified that officers often confiscate computers during drug investigations. He said they're common tools for storing potential evidence, such as photos, drug recipes or contact lists.
Schmitt said he was called in on the day of the Burgess stop to help write the request for search warrant. He said he was not specifically seeking computer equipment, but had used a search warrant form that listed "computer records."
Assistant U.S. Attorney Jim Anderson said the officers had reason to believe the computers contained records related to drug trafficking.
"Where do we keep the records of our lives? Just as Agent Schmitt testified, on our computers," Anderson said.
U.S. Judge Alan B. Johnson didn't rule Monday on the suppression motion.
Johnson rescheduled a pending trial in the case for April 14.
By MATT JOYCE
POSTED April 15, 2008:
BY: N/A
CHEYENNE, Wyo. - Trial begins for Nevada brothel owner facing child porn charges
Jury selection has begun in the trial of a Nevada brothel owner charged with possessing and transporting child pornography across state lines.